Hamas' Phony Statistics on Civilian Deaths

Reliable sources say half of those killed were combatants.

It's a mystery why so many in the media accept as gospel Hamas-supplied figures on the number of civilians killed in the recent war. Hamas claims that of the more than 1800 Palestinians killed close to 90% were civilians. Israel, on the other hand, says that close to half of them were combatants. The objective facts support a number much closer to Israel's than to Hamas'.

Even human rights group antagonistic to Israel acknowledge, according to a New York Times report, that Hamas probably counts among the "civilians killed by Israel" the following groups: Palestinians killed by Hamas as collaborators; Palestinians killed through domestic violence; Palestinians killed by errant Hamas rockets or mortars; and Palestinians who died naturally during the conflict. I wonder if Hamas also included the reported 162 children who died while performing child slave labor in building their terror tunnels. Hamas also defines combatants to include only armed fighters who were killed while fighting Israelis. They exclude Hamas supporters who build tunnels, who allow their homes to be used to store and fire rockets, Hamas policemen, members of the Hamas political wing and others who work hand in hand with the armed terrorists.

Several years ago I came up with a concept which I call, the "continuum of civilianality" – an inelegant phrase that is intended to convey the reality that who is a civilian and who is a combatant is often a matter of degree. Clearly every child below the age in which he or she is capable of assisting Hamas is a civilian. Clearly every Hamas fighter who fires rockets, bears arms, or operates in the tunnels is a combatant. Between these extremes lie a wide range of people, some of whom are closer to the civilian end, many of whom who are closer to the combatant end. The law of war has not established a clear line between combatants and civilians, especially in the context of urban warfare where people carry guns at night and bake bread during the day, or fire rockets during the day and go back home to sleep with their families at night. (Interestingly the Israeli Supreme Court has tried to devise a functional definition of combatants in the murky context of urban guerrilla warfare.)

These data strongly suggest that a very large percentage of Palestinians killed are on the combatant side of the continuum.

Data published by the New York Times strongly suggest that a very large number – perhaps a majority – of those killed are closer to the combatant end of the continuum than to the civilian end. First of all, the vast majority of those killed have been male rather than female. In an Islamic society, males are far more likely to be combatants than females. Second, most of those killed are within the age range (15-40) that are likely to be combatants. The vast majority of these are male as well. The number of people over 60 who have been killed is infinitesimal. The number of children below the age of 15 is also relatively small, although their pictures have been shown more frequently than others. In other words, the genders and ages of those killed are not representative of the general population of Gaza. It is far more representative of the genders and ages of combatants. These data strongly suggest that a very large percentage of Palestinians killed are on the combatant side of the continuum.

They also prove, as if any proof were necessary to unbiased eyes, that Israel did not target civilians randomly. If it had, the dead would be representative of the Gaza population in general, rather than of the subgroups most closely identified with combatants.

The media should immediately stop using Hamas-approved statistics, which in the past have proved to be extremely unreliable. Instead, they should try to document, independently, the nature of each person killed and describe their age, gender, occupation, affiliation with Hamas and other objective factors relevant to their status as a combatant, non-combatant or someone in the middle. It is lazy and dangerous for the media to rely on Hamas-approved propaganda figures. In fact, when the infamous Goldstone Report falsely stated that the vast majority of people killed in Operation Cast Lead were civilians and not Hamas fighters, many in Gaza complained to Hamas. They accused Hamas of cowardice for allowing so many civilians to be killed while protecting their own fighters. As a result of these complaints, Hamas was forced to tell the truth: namely that many more of those killed were actually Hamas fighters or armed policemen. It is likely that Hamas will make a similar "correction" with regard to this conflict. But that correction will not be covered by the media, as the prior correction was not.

The headline – "Most of those killed by Israel were children, women and the elderly" – will continue to be the conventional wisdom, despite its factual falsity. Unless it is corrected, Hamas will continue with its "dead baby strategy" and more people on both sides will die.

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About the Author

Alan M. Dershowitz is the Felix Frankfurter professor of law at Harvard Law School, served as an attorney in several high-profile court cases, and is a sought-after commentator on the Arab–Israeli conflict. He is the author of some 25 books, including The Case for Israel.

The opinions expressed in the comment section are the personal views of the commenters. Comments are moderated, so please keep it civil.

Visitor Comments: 8

(8)
Beverly Margolis-Kurtin,
August 11, 2014 10:19 PM

Thank you, thank you, thank you!

Thanks, Dr. Dershowitz for giving us real numbers. I knew that the numbers were skewed but didn't know how much.

Hamas wants civilian deaths for propaganda purposes. It is disgusting that the "media" loves to show what Hamas wants them to show.

(7)
Dov,
August 11, 2014 6:55 PM

Crucifiction and beheading

The news today is that the muslims are crucifying and beheading Christians. Journalists are being threatened if they have the temerity to publish the truth. When is the world going to learn?

(6)
Dvirah,
August 11, 2014 5:34 PM

Death Count

Whether this is helpful, I don't know, but I feel compelled to point out that if Israel had been seriously interested in killing, the death count (whether civilian or combatant) would be very much higher. That it is comoparatively so little (cf Iraq, Afganistan) is a great tribute to the IDF.

(5)
Anonymous,
August 11, 2014 12:19 AM

Response to Dershowitz

I totally agree with Mr. Dershowitz. I would also ask him to respond to the Jewish "lety columinsts i.e. Beinart, Cohen, Chait, on their comments which I read as anti-Israel. These columnists are an encouragement to the Anit-Israel forces which I must conclude are anti-Semitic

(4)
Brian A.Donnelly,
August 10, 2014 10:47 PM

How can we believe one word ?

As a devout Christian, and therefore a staunch supporter of Israel and God's chosen people, I have to ask a simple question.. How can any person believe one word from this gutless bunch of Arabs that hide behind balaclavas/face masks to conceal their evil identities ? What sane person could take seriously any statement made by a self described terrorist/assassin ?We know the truth and continue to pray that common sense will prevail as the majority of Westerners are bombarded by dis-information and evil propaganda from these Arab thugs in suits and head coverings.Let's take people at their face value - zero.Shalom,Brian A.Donnelly

(3)
Inbar,
August 10, 2014 9:01 PM

who really are civilians and who is responsible for harming them?

Hamas's soldiers normally wear uniforms for the camera, not for fighting. There are more and more stories surfacing (possibly already amounting to proof) saying that Hamas's fighters also hold little children in one hand while shooting at Israeli troops with the other. And of them arming children and sending them out shooting at soldiers. A 6-month old child does not choose to be used as a human shield, and little children do not choose to be trained as soldiers. In other African conflicts children below the age where they form a conscience have been kidnapped and trained as soldiers. Many of them became sharpshooters, and extremely dangerous. A 6-year-old soldier cannot be regarded as a 'civilian'. Soldiers defend themselves against those shooting at them. As in the case of the 6-month old human shield, Hamas is responsible for his death or for his wounds. Just as they would be throwing them directly before someone's car on the highway, when the other cannot avoid them.

(2)
sarah shapiro,
August 10, 2014 7:54 PM

gratitude

I am especially grateful that writers such as Alan Dershowitz and Sara Rigler can still find their own eloquent, rational voices. As a writer who has been struck dumb by recent events, and as a citizen of Israel who made aliyah in 1976, I find myself more indignant, furious, amazed, and incredulous now during this particular war, than during any of Israel's others. To experience the madness of the world's classic anti-Semitism is to be amazed and terrified by the world's' stupidity. Facts cannot enter such minds. Thank you for continuing to write and comment for those of us who can hardly find the words anymore to protest on our own behalf.

(1)
Anonymous,
August 10, 2014 4:59 PM

Injustice Galore...

Thank you so very much Mr. Dershowitz for defending Israel in the name of truth. I have always have the greatest level of respect towards you, since that very famous and interesting high profile case you defended and won in New York in the 80's. You are right about the Media only exposing what Hamas wants them to expose. However, I still seriously question the UN and the EU as to what is the reason for them to keep playing blind to the horrendous rockets fire from Gaza into Israel and keeping the --you are at fault-- mantra against Israel. How could these big influence entities like the Media, the "Humanitarian" UN, EU, etc., not condemn Hamas for not only constantly firing rockets at Israel and putting civilians at risk, but also for using the millions of dollars they got in aid for the Palestinian to build homes, schools and hospitals, and utilities to keep them in a normal environment, but that they used to built hell tunnels and buy ammunitions to attack Israel? They should make Hamas pay all that money back to now be used properly to rebuild the destroyed areas. Also, not one should propose Israel to lift the blockade. It is ridiculous that even some members of the Israeli Knesset, appear to indirectly support Hamas and the Palestinian absurd demands, than they do towards Israel, like for example the female member of Parliament who has been very involved and is now preparing a "proposal" that she claimed "Hamas don't have to "approve", but in which the blockade would be lifted and, it will give control of the Ports, to the Palestinians and some Hamas Leader, to bring goods and "cement" for construction into Gaza. That clearly supports Hamas more than it supports Israel, as it does not protect Israel and its citizens. What all the Knesset members, the UN, EU and every Country need to do is simply Support Israel, and focus on the terrorists and their ideals of destroying Israel...a clear injustice. Thank you again Ms. Dershowitz, for a great article.

I've been striving to get more into spirituality. But it seems that every time I make some progress, I find myself slipping right back to where I started. I'm getting discouraged and feel like a failure. Can you help?

The Aish Rabbi Replies:

Spiritual slumps are a natural part of spiritual growth. There is a cycle that people go through when at times they feel closer to God and at times more distant. In the words of the Kabbalists, it is "two steps forward and one step back." So although you feel you are slipping, know that this is a natural process. The main thing is to look at your overall progress (over months or years) and be able to see how far you've come!

This is actually God's ingenious way of motivating us further. The sages compare this to teaching a baby how to walk. When the parent is holding on, the baby shrieks with delight and is under the illusion that he knows how to walk. Yet suddenly, when the parent lets go, the child panics, wobbles and may even fall.

At such times when we feel spiritually "down," that is often because God is letting go, giving us the great gift of independence. In some ways, these are the times when we can actually grow the most. For if we can move ourselves just a little bit forward, we truly acquire a level of sanctity that is ours forever.

Here is a practical tool to help pull you out of the doldrums. The Sefer HaChinuch speaks about a great principle in spiritual growth: "The external awakens the internal." This means that although we may not experience immediate feelings of closeness to God, eventually, by continuing to conduct ourselves in such a manner, this physical behavior will have an impact on our spiritual selves and will help us succeed. (A similar idea is discussed by psychologists who say: "Smile and you will feel happy.")

That is the power of Torah commandments. Even if we may not feel like giving charity or praying at this particular moment, by having a "mitzvah" obligation to do so, we are in a framework to become inspired. At that point we can infuse that act of charity or prayer with all the meaning and lift it can provide. But if we'd wait until being inspired, we might be waiting a very long time.

May the Almighty bless you with the clarity to see your progress, and may you do so with joy.

In 1940, a boatload 1,600 Jewish immigrants fleeing Hitler's ovens was denied entry into the port of Haifa; the British deported them to the island of Mauritius. At the time, the British had acceded to Arab demands and restricted Jewish immigration into Palestine. The urgent plight of European Jewry generated an "illegal" immigration movement, but the British were vigilant in denying entry. Some ships, such as the Struma, sunk and their hundreds of passengers killed.

If you seize too much, you are left with nothing. If you take less, you may retain it (Rosh Hashanah 4b).

Sometimes our appetites are insatiable; more accurately, we act as though they were insatiable. The Midrash states that a person may never be satisfied. "If he has one hundred, he wants two hundred. If he gets two hundred, he wants four hundred" (Koheles Rabbah 1:34). How often have we seen people whose insatiable desire for material wealth resulted in their losing everything, much like the gambler whose constant urge to win results in total loss.

People's bodies are finite, and their actual needs are limited. The endless pursuit for more wealth than they can use is nothing more than an elusive belief that they can live forever (Psalms 49:10).

The one part of us which is indeed infinite is our neshamah (soul), which, being of Divine origin, can crave and achieve infinity and eternity, and such craving is characteristic of spiritual growth.

How strange that we tend to give the body much more than it can possibly handle, and the neshamah so much less than it needs!